Renewable Energy (Electricity) Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 2192

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Renewable Energy (Electricity) Act 2000.

Dated 16 August 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

ROBERT HILL

Minister for the Environment and Heritage

1 Name of Regulations

  These Regulations are the Renewable Energy (Electricity) Amendment Regulations 2001 (No. 1).

2 Commencement

  These Regulations commence on 23 August 2001.

3 Amendment of Renewable Energy (Electricity) Regulations 2001

  Schedule 1 amends the Renewable Energy (Electricity) Regulations 2001.

4 Transitional

  Items 14 to 17, 34 and 35 of Part 2 of Schedule 7 of the Renewable Energy (Electricity) Regulations 2001 as in force immediately before 23 August 2001 continue to apply to solar hot water heaters, mentioned in those items, that were installed before gazettal.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3 (1), definition of native forest

substitute

native forest means a local indigenous plant community:

 (a) the dominant species of which are trees; and

 (b) containing throughout its growth the complement of native species and habitats normally associated with that forest type or having the potential to develop those characteristics; and

 (c) including a forest with those characteristics that has been regenerated with human assistance following disturbance; and

 (d) excluding a plantation of native species or previously logged native forest that has been regenerated with non-endemic native species.

[2] Subregulation 3 (1), definition of plantation

substitute

plantation means an intensively managed stand of trees of native or exotic species, created by the regular placement of seedlings or seed.

[3] After subregulation 3 (2)

insert

 (3) For the definition of solar water heater in subsection 5 (1) of the Act, a device that heats water using solar energy is a solar water heater only:

 (a) from:

 (i) if it is mentioned in Part 2 of Schedule 7 — 1 April 2001; or

 (ii) if it is mentioned in Part 3 of Schedule 7 — the date mentioned in the item in which the solar water heater is mentioned; and

 (b) if it meets the certification requirements:

 (i) for a solar water heater that has a capacity of up to 700 L — of Australian Standard 2712-1993, as in force on 1 January 2001, for its design and manufacture; or

 (ii) for a solar water heater that has a capacity
of more than 700 L — mentioned in section 1.3 of Australian Standard 2712-1993, as in force on 1 January 2001, for its design and manufacture.

 (4) However, until 1 January 2002, a solar water heater is taken to comply with paragraph (3) (b) if the manufacturer of the heater satisfies the Regulator that:

 (a) the manufacturer has applied for certification of the heater under Australian Standard 2712-1993, as in force on 1 January 2001; and

 (b) certification has not been refused; and

 (c) the manufacturer has calculated the amount of non-renewable electricity that will be displaced by the heater.

[4] Subregulation 7 (3)

substitute

 (3) The source must be used to generate electricity.

[5] Regulation 11

omit

[6] Subregulation 14 (2)

omit

nil.

insert

1.

[7] Paragraph 19 (1) (b)

omit

heater.

insert

heater; or

[8] After paragraph 19 (1) (b)

insert

 (c) is installed in a new building.

[9] Subregulation 19 (2)

substitute

 (2) However, the electric hot water system or electric-boosted solar water heater must have been installed for at least 1 year at the same location as the solar water heater that replaces it.

[10] Subparagraph 19 (3) (a) (i)

omit

[11] Subparagraph 19 (3) (a) (iii)

omit

within 6

insert

only within 12

[12] Paragraph 19 (3) (b)

omit

mentioned in Part 2 of Schedule 7 for the installation in the zone.

insert

  mentioned, for the installation in the zone:

 (i) in Part 2 of Schedule 7; or

 (ii) in Part 3 of Schedule 7, from the date mentioned for the installation.

[13] Subparagraph 19 (4) (b) (ii)

omit

least efficient installation

insert

base model, nearest in size,

[14] Subregulation 19 (5)

substitute

 (5) If a solar water heater is installed more than once, the number of certificates that may be created for an installation is reduced by the total number of certificates that were created for previous installations of the solar water heater.

[15] Subregulation 28 (2), table, item 1

omit

< 10MW, small generation unit or solar water heater for which certificates are

insert

< 10 kW, small generation unit or solar water heater for which the right to create certificates is

[16] Schedule 1, clause 9

omit

[17] Schedule 3, subclause 3.1

substitute

 3.1 A registered person may apply for the Regulator, or the Regulator may decide, to determine a 1997 eligible renewable energy baseline for the power station to be determined in a manner different from that set out in clause 2.

[18] Schedule 3, paragraph 3.2 (a)

substitute

 (a) electricity generation by the power station is linked to seasonal variations of longer than 3 years; or

 (aa) measurement for 1994, 1995 and 1996 would not be representative of 1997 levels of generation; or

[19] Schedule 3, subclause 3.3

substitute

 3.3 In determining a 1997 eligible renewable power baseline in a manner different from that set out in clause 2, the Regulator should take into account:

 (a)  the need for the baseline to be representative of the amount of energy the power station could have produced in 1997 under normal conditions; and

 (b) the generation capacity of the power station; and

 (c) the amount of electricity the power station has had to generate to meet the requirements of the electricity supply system; and

 (d) any other matters that might have affected electricity generation by the power station; and

 (e) any other information provided by the registered person about electricity generated by the power station.

 3.3A For subclause 3.3, the Regulator may take into account information about 1997 or later years.

[20] Schedule 7, Part 1

substitute

Part 1 Postcode zones

[21] Schedule 7, Part 2, heading

substitute

Part 2 Number of certificates — models at 1 April 2001

[22] Schedule 7, Part 2, heading before item 1

substitute

Large systems

[23] Schedule 7, Part 2, items 11 and 12

substitute

[24] Schedule 7, Part 2, items 14 to 17

omit

[25] Schedule 7, Part 2, heading before item 33

substitute

Small systems

[26] Schedule 7, Part 2, items 33, 34 and 35

substitute

[27] Schedule 7, Part 2, items 42 to 50

substitute

[28] Schedule 7, after Part 2

insert

Part 3 Number of certificates — models with later dates

1. These Regulations amend Statutory Rules 2001 No. 2.

2. Notified in the Commonwealth of Australia Gazette on 23 August 2001.